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| 4.__Five-year limited entry; eel weirs.__The department may not | | issue an eel weir permit to a person unless that person possessed a | | valid eel weir permit for calendar year 1995.__The department shall | | adopt routine technical rules pursuant to Title 5, chapter 375, | | subchapter 2-A regarding the issuance of eel weir permits.__The | | number of weirs and the number of square miles of watersheds in | | this State fished by eel weirs may not exceed those permitted in | | calendar year 1995. |
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| | | 5.__Exception to permit requirement.__Notwithstanding | | subsection 1: |
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| | | A.__A person may fish for alewives by use of a dip net or | | single hook and line for consumption by that person or | | members of that person's family, provided that the person | | takes or possesses no more than one bushel in any day and | | provided also that the alewives are not taken from any | | waters in which a municipality or other person has been | | granted exclusive rights under section 6131; |
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| | | B.__A person licensed or otherwise entitled to fish in Maine | | waters may take suckers for that person's use in all rivers, | | brooks and streams that are open to fishing between April | | 1st and June 30th of each calendar year by the use of a hand | | spear, bow and arrow or by snagging.__If suckers are taken | | by bow and arrow, the arrow must have a barbed or prong | | point and must be attached to the bow with a line; |
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| | | C.__A person may fish for or possess alewives from inland | | waters if that person has been granted fishing rights under | | section 6131; and |
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| | | D.__A person may take suckers for use as bait for fishing in | | inland waters as provided in section 12551 without a permit | | under subsection 2. |
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| | | 6.__Eels and elvers prohibitions.__The following prohibitions | | apply to the harvesting of eels and elvers in inland waters. |
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| | | A.__A person may not fish for or take elvers from inland | | waters. |
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| | | B.__A person other than the owner of a weir used to fish for | | or take eels in inland waters may not tend that weir while | | the weir is immersed unless that person has in the person's | | possession written permission from the owner to tend the | | weir or is in the presence of the owner and has the owner's | | permission to tend the weir. |
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| | | §12507. License to cultivate or sell commercially grown and |
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| | | 1.__License required.__Except as otherwise authorized pursuant | | to this Part, a person may not cultivate or sell fish that have | | been commercially grown within the State or imported from outside | | the State without a valid license issued under this section. |
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| | | Each day a person violates this subsection, that person commits a | | Class E crime for which a minimum fine of $50 and an amount equal | | to twice the applicable license fee must be imposed. |
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| | | 2.__Issuance. The commissioner may issue a license to | | cultivate and sell fish that have been either commercially grown | | within the State or imported from without the State. |
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| | | 3.__Application.__This section does not apply to and the | | commissioner may not issue permits governing any aspect of either | | the commercial aquaculture of Atlantic salmon when intended for | | use in commercial aquaculture in coastal waters or the Atlantic | | salmon restoration program. |
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| | | 4.__Fee. The fee for a license to sell commercially grown or | | imported fish is $25 annually. |
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| | | 5.__Restrictions. The following provisions must be observed. |
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| | | A.__A license issued pursuant to subsection 2 must be kept | | constantly and publicly posted in the office or place of | | business of the licensee. |
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| | | B.__Whenever a person sells fish in more than one wholesale | | or retail outlet, each outlet must be licensed. |
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| | | C.__All fish sold under this section must be identified with | | the name and address of the source of the fish in a manner | | approved by the commissioner. A person may not offer for | | sale any commercially grown or imported fish that is not so | | identified. |
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| | | D.__A licensee shall keep invoices of fish sold and | | purchased under this section so that the invoices are | | available at all times for inspection by the commissioner or | | the commissioner's duly authorized agent. |
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| | | 6.__Penalty.__Each day a person violates any restriction of a | | license issued under this section that person commits a civil |
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